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Child Care Workers Settlement

March, 2002

SETTLEMENT AGREEMENT
PERB CASE NOS. SF-CE-596-H & SF-UM-587-H

The Coalition of University Employees ("CUE") and The Regents of the University of California ("the University") agree to settle the above-referenced cases on the following terms:

  1. Commencing immediately, if a unit modification dispute arises between the parties, the University and CUE shall first attempt to informally come to terms and resolve the issue(s) presented. If the parties are unable to agree, it is the responsibility of the party seeking the change to an established unit to file a Unit Modification petition with PERB. The parties also may file a joint unit modification petition. Final movement out of the unit, if appropriate will not occur until after completion of the PERB unit modification process. The parties understand that this language will be superseded by the new "Agreement" article negotiated by the parties, upon impasse or the effective date of a successor memorandum of understanding.

  2. By no later than March 18, 2002, the University shall provide written notice to each of its campuses of the provisions of Paragraph No. 1, and the University shall provide a copy of such notice to CUE.

  3. With respect to the reclassification of UCLA Child Development Center Teachers, Levels I and II, to the unrepresented title of Student Affairs Officer (SAO), Levels I and II, which the University implemented in 2001, the parties agree as follows:

    1. By no later than March 18, 2002, the University shall reclassify the 16 SAO II positions to the title of Child Development Center Teacher II/Supervisor. These positions shall remain outside of the CX bargaining unit based on their supervisory status.

    2. By no later than March 18, 2002, the University will restore the 10 SAO I positions to the CX bargaining unit by reclassifying them to the title of Child Development Center Teacher II.

    3. The classification of the five employees currently classified at UCLA in the title of child Development Center Teacher I will not be affected by this agreement.

    4. Newly hired teachers shall be hired into clerical bargaining unit positions as appropriate.

  4. All employees reclassified pursuant to paragraph No. 3 above (hereafter "Reclassified Employees") shall retain any pay increases or other benefits they received as a result of being reclassified out of the CX unit. Reclassified Employees already have received a 2% general range adjustment for 2001-02, and thus will not be entitled to any negotiated general range adjustment for that period, even if other CX unit members receive such an adjustment. Reclassified employees, however, shall be entitled to lump sum retroactive payments, if any, negotiated by the parties for 2001-02 which are retroactive to the period when the reclassified employees where in the clerical bargaining unit.

  5. CUE waives its right, if any, to back dues and/or fair share fees for the period of time during which the Reclassified Employees were out of the CX unit.

  6. The University shall provide CUE with at least five work days advance notice of the specific date on which the reclassification pursuant to Paragraph Nos. 3 & 4 will take place, and such notice shall include the specific names of the persons affected, their prior job titles and salaries in the CX unit, their current job titles and salaries in Unit 99, and their new job titles and salaries after the reclassification.

  7. The remedy requested in CUE's Grievance No. LA-CU-2071-01 is hereby granted and the case is closed. Accordingly, concurrent with the effective date of the Agreement, a tenth step is added to the range for the UCLA Child Development Center Teachers, Levels I & II. CUE hereby withdraws with prejudice Grievance No. LA-CU-2071-01.

  8. Within five work days from the effective date of this Agreement, as defined in paragraph 12 below, the parties shall issue to the affected employees, the Joint Statement which is attached hereto as Exhibit A.

  9. No later than five work days after the effective date of the reclassification pursuant to paragraph Nos. 3 & 4, CUE shall withdraw with prejudice its charge in Case No. SF-CE-596-H, and shall withdraw with prejudice its petition in Case No. SF-UM-587-H, except that in the future, if the University notifies CUE of its intent to reclassify childcare teachers or files a unit modification petition, nothing shall preclude CUE from doing the same.

  10. The parties acknowledge that this Agreement shall not in any way be construed as an admission by either party of any improper or unlawful conduct.

  11. This Agreement shall be contingent upon the execution of the Settlement Agreement and Release, attached hereto as Exhibit B, regarding the apparent transfer (based on FTP data) of certain childcare teachers out of the unit on campuses other than UCLA.

  12. This Agreement may be executed in counterparts, and if so executed, each such counterpart shall have the force and effect of an original. This Agreement shall become effective on the date of the last signature below.

This document was signed for The Regents of the University of California on March 12, 2002, by:

Sharon Hayden
Assistant Director
Labor Relations
University of California
Office of the President

Carole R. Rossi, Attorney
For the Regents of the University of California

This document was signed for The Regents of the University of California on March 11, 2002, by:

Lynne Thompson, Manager
Employee Relations & Labor Relations

This document was signed for the Coalition of University Employees on March 8, 2002, by:

Margy Wilkinson (for Elinor Levine, Treasurer)

Margot Rosenberg, Esq.
Attorney for Coalition of University Employees

http://www.cueunion.org/general_info/childcaresettl.php        20-November-2008 02:06:37
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